QUESTION: Dear Legal Wiz,
In 2008, my husband and I started to purchase a piece of land in Negril. We separated and the person who was selling died not long after that. Before she died, she did another sales agreement and the attorney who did both agreements and collected my money is no longer in Jamaica. I really need to know whats going on, because I have been paying the taxes. I am not about to waste my money on yet another attorney. I paid over US$$3,000 already to Jamaican attorneys-at-law and nothing, except my paying taxes in over ten years. Do you think the land could have been sold, as one of the neighbours told me that they were trying to buy it and was told that it was being sold but not to me.
I’d love to ask your team to assist me in checking through everything before helping me to find a capable attorney who can just get my name on that land. If you could give me an idea on what is required and the length of time.
RESPONSE: Dear Shauna,
In your case, even though you said an attorney assisted in drafting the sales agreement, the attorney who reviewed your query has recommended that checks should first be made to ensure the person in the agreement had legal authority to sell the land.
The other checks will include the person who is currently in possession of the property as well as the persons who is the owner, or representing the owner presently.
It is therefore fair to estimate a research period of one week for the preliminary results.
Please contact us when you are ready for the procedure in becoming a client of the Legal Wiz team.
Here is some vital information on legal research.
What is Legal Research?
Legal research in its broadest sense refers to the act and/or process of sourcing, identifying and retrieving material, such as information which is critical to the legal decision making process.
During the legal decision making, legal research involves:-
– analysing the facts of the problem presented
– application and communication of the results of the investigation/research
The elements of legal research are:-
1) collection of primary sources of law, or primary authority in the relevant jurisdiction. These include cases, statutes, regulations, etc..
2) collection of relevant secondary authority for background information about a legal topic. This secondary authority includes law reviews, legal dictionaries, legal treatises, and legal encyclopedias such as Encyclopedia Britannica, American Jurisprudence and Corpus Juris Secundum.
3) collection of non-legal sources for investigative or supporting information that can bear relevance on the process
Other sources of information can be legal websites such as lawyers.com and printed books and newspapers.
Legal environment includes law schools, libraries etc.. The persons who primarily are relied upon to perform quality legal research are lawyers, paralegals, law librarians, law teachers and journalists working in relating fields.
The responses to the varied submitted questions are drafted by our inhouse journalist, after research and consultations with attorneys-at-law and other relating experts in their fields. It is not to be assumed therefore that all members of the Legal Wiz team are trained and practicing attorneys-at-law, realtors, investigators, but being a part of the network such personnel utilise their skills for the success of the ultimate client.
... a team of professional experts, mostly Jamaicans, from varied fields including as priority paralegal, investigation, research, real estate, construction, arts (literary, visual, performing, culinary) and entertainment, certified Attorneys (civil and criminal law). Information is researched, then published, on this site, in the interest of the wider public.
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